The United Nations Commission on Human Rights, which is responsible for monitoring the proper implementation of the International Covenant on Civil and Political Rights (ICCPR), issued a ruling on Tuesday in the case of Jilani Daboussi, a former member of parliament and mayor of Tabarka during the pre-2011 regime.
In response to the complaint filed in March 2019 by the Daboussi family’s defence lawyers, the UN Commission made a series of “findings”, accusing the Tunisian authorities of “failing in their duty to protect the life of Jilani Daboussi, who was under the authority of the state” and claiming that he was the victim of “human rights violations”.
The Commission condemns the failure of the Tunisian authorities to investigate the allegations concerning the “management of Jilani Daboussi’s medical care”.
It stresses that it is the duty of the Tunisian authorities ‘to carry out thorough investigations into allegations of human rights violations (…) and to prosecute, bring to trial and punish all those
presumed to be responsible for these violations.’
The defence lawyers submitted a communication to the UN body in March 2019, accusing the then-Tunisian authorities of a “flagrant violation of the exhaustion of domestic remedies rule”, “clear shortcomings in the care of the detainee”, and “repeated acts of ill-treatment and insults witnessed by others”.
The Daboussi case file also mentions ‘planning and carrying out acts of physical and moral torture and ill-treatment’ and “failure to respect the pre-trial detention period”.
On the issue of Jilani Daboussi’s pre-trial detention, which was extended to thirty months, the UN Commission considers it “arbitrary”, as the Tunisian authorities at the time did not provide “specific reasons to justify the rejection of these requests for release or the delay in obtaining a first instance judgement on the charges against Jilani Daboussi”.
The Commission expresses its wish to “receive information from the Tunisian authorities within six months on the measures taken” t
o address the problems identified.
It is worth noting that in August 2020, the Tunisian authorities submitted their observations on “admissibility”, arguing that the defence communication “should be declared inadmissible as it is unfounded and even abusive, as it is premature since domestic remedies have not been exhausted”.
They state that ‘no legal action concerning the allegations detailed in the communication has been brought before the Tunisian courts or the competent administrative authorities”.
The Tunisian authorities stress that “the authors have not explained in detail why they believe that the general rule of exhaustion of domestic remedies should not apply”. They also recall that “Jilani Daboussi was monitored daily by both prison medical staff and public hospital doctors until the date of his release”.
In addition, an investigation into the circumstances of the death of Jilani Daboussi was opened in January 2022 for attempted premeditated murder, torture and ill-treatment under articles 32, 5
9, 201, 202, 101a and 143 of the Criminal Code, according to the spokesperson of the Tunis Court of Appeal.
In conclusion, the UN Commission hopes to receive a response from the Tunisian authorities within six months on the measures taken to comply with its observations.
As a reminder, in 2011, the National Commission for the Investigation of Corruption and Embezzlement committed between 1987 and 2011 charged Jilani Daboussi with embezzlement, corruption and nepotism in the context of a judicial investigation into the matter. As a result, Jilani Daboussi was remanded in custody on October 7, 2011 before being transferred to Mornaguia prison.
Jilani Daboussi died on the night of May 7, 2014, a few hours after his release.
Source: Agence Tunis Afrique Presse